Pre-Existing Medical Conditions & Personal Injury: Know Your Legal Rights 

Accidents are never expected, but what happens if you have a pre-existing medical condition and then suffer a new injury? And what does “pre-existing medical condition” mean? Learn how to navigate your legal options in a pre-existing conditions personal injury case and land the compensation you deserve. 

Accidents disrupt our lives—plain and simple. But we often aren’t at the pinnacle of health when we experience one, and it becomes complicated to deal with a sudden injury on top of your pre-existing health conditions. 

There’s the immediate pain to deal with and uncertainty around how this new injury could add layers and complexity to your challenges. 

And with insurance companies and legal teams trying to minimize payout costs and deny claims, they’ll often try to lean on your pre-existing condition to minimize the impact of the new injury. Don’t get it twisted—you’re still entitled to compensation, even if your pre-accident body wasn’t in perfect health. 

Navigating personal injury claims with pre-existing conditions can be complex. At Morris Law Group, our experienced Hamilton personal injury lawyers have helped countless clients with pre-existing conditions secure the compensation they deserve. 

Read on to learn more from our experts about this intricate area of law so you can confidently navigate a pre-existing conditions personal injury claim.

What is a pre-existing medical condition in Canada?

In Canada, we consider a pre-existing health condition any issue, injury, or illness you were experiencing before the accident in question. If you struggled with arthritis, for example, before a car accident, that arthritis is a pre-existing condition that existed before your new injuries. 

Is an injury a pre-existing condition?

An injury could be a pre-existing condition, but the definition also entails disorders, diseases, and degenerative conditions. Even if you had surgery to remedy a condition, it could be considered a pre-existing condition if it left you with weakness or limitations. 

How Pre-Existing Conditions May Affect Your Personal Injury Claim

Pre-existing conditions could affect your personal injury claim in a few ways:

• Causation. The insurance company may try to argue that your pre-existing conditions caused your injuries rather than the accident itself.
• Damages.  They may claim that your condition would have cost you in medical treatments regardless of the accident in an attempt to minimize their payouts.

• Aggravation. When a pre-existing condition exists, they may try to play in the grey area, making it difficult to prove the extent of aggravation caused by the accident. 

Ontario Law and the “Thin Skull” Rule

Fortunately, in Canada, we follow an old English tort law to help protect people with pre-existing conditions. 

What is the personal injury law in Canada?

The “thin skull” rule states that if a defender is liable for an injury, they’re liable for the full extent of it—including anything exacerbated by a pre-existing medical condition.

If you already have brittle bones due to arthritis, for example, you’re entitled to full compensation for any injuries caused by negligence, even if you broke extra bones or incurred more severe injuries because your condition worsened them. 

The “Crumbling Skull” Limitation

The thin skull rule keeps people protected, especially those vulnerable due to pre-existing conditions. The “crumbling skull” rule balances the law and maintains fairness by acknowledging that a pre-existing condition could worsen over time on its own.

The defendant is generally only liable for how the accident worsened or accelerated the condition, which is decided upon with the help of medical experts with in-depth knowledge of injury and condition outcomes over a lifetime. 

If you had progressively worsening back pain, for example, an insurance company need only compensate you for the costs associated with the accident degrading the injury, not the entire costs of treating the condition that would have been paid regardless. 

Navigating Claims With Pre-Existing Conditions

Proving causation and determining the extent of accident-related damages is difficult, so it’s key to get the right medical and legal team on your side. 

To prove your right to compensation, you’ll need:

• Medical Documentation. You must work with medical experts to gather the right pre- and post-accident medical records that show a clear timeline of your condition, the stability of your health pre-accident, and a clear link between the accident and your worsening condition. Records from doctors, hospital visits, treatments, physical therapists, and more can help paint a clear picture.
• Expert Testimony. Medical specialists can help prove your case through their expert testimony that supports your claim and refutes any of the arguments the insurance company attempts to throw at you.
• Lawyers & Negotiators. The legal complexities in a pre-existing condition case are impossible to navigate alone, and insurance companies will often prey on your ignorance. With a personal injury lawyer and a skilled negotiator on your side, you have a professional who knows what you deserve and is willing to effectively fight for it. 

The Morris Law Group—Personal Injury Law Firm Hamilton

A pre-existing medical condition doesn’t disqualify you from the compensation you deserve after someone’s negligence causes an accident. Ontario laws work to protect you, so know your rights and don’t let insurance companies and lawyers try to argue away and minimize your pain. 

Our expert legal team at The Morris Law Group has successfully advocated for clients with pre-existing health conditions for 60+ years. We’re dedicated to fighting for your rights and ready to answer any question you have—don’t face this difficult time alone. Request a free consultation or call us at 905-526-8080 to learn more.